Georgia Hearing Aid Dealers and Dispensers Act

The Act establishes and enforces standards of competence and ethics in the dispensing of hearing aid devices or instruments, and protects the public from the dispensing of hearing aids by unskilled or unprincipled persons.

Definitions

Apprentice dispenser's permit: a temporary non-renewable one-year permit issued while the applicant is in apprenticeship under a licensed dispenser.
Board: the State Board of Hearing Aid Dealers and Dispensers.
Dealer's license: the license required for each office, store, or location established or maintained for the dispensing of hearing aid devices or instruments.
Dispenser's license: the license required for each individual who shall engage in the practice of dispensing hearing aid instruments or devices.
Hearing aid device or instrument: any wearable electronic instrument or device designed for or represented as compensating for defective human hearing.
License: any license issued to hearing aid dealers or to hearing aid dispensers by the State Board of Hearing Aid Dealers and Dispensers.
Practice of dispensing hearing aids: providing a hearing aid to a consumer by sale, rental, lease, or otherwise, including testing, counseling, and instructing in the use of hearing aids.

State Board of Hearing Aid Dealers and Dispensers

The Board consists of seven members: four licensed dispensers, one otolaryngologist, one audiologist, and one member from the public at large.
Members are appointed by the Governor with the approval of the Secretary of State for a three-year term.
The Board administers and enforces the Act, establishes minimal procedure and equipment requirements, and supervises the issuance of licenses.

Meetings and Powers

The Board meets at least once a year and as many times as necessary.
Members are reimbursed for their expenses.
The Board has the power to establish and revise rules, supervise the issuance of licenses, license persons, issue and renew licenses, and suspend, revoke, or sanction licenses.

License Requirements

It is unlawful to engage in the practice of dispensing hearing aids without a valid license issued under this chapter.
No person or firm can engage in the practice of dispensing hearing aids unless they hold an unsuspended, unrevoked license issued by the Board.
A dispenser's license entitles the holder to dispense hearing aid devices or instruments under the supervision of a licensed dealer.
A dealer's license permits and requires the holder to establish and operate an establishment open to the public for the purpose of dispensing hearing aids and providing follow-up services.### Issuance of Licenses and Fees
The board may issue a dealer's license to an applicant who complies with this chapter, pays the appropriate license fee, and presents evidence of a regular office, store, or location for dispensing hearing aid devices or instruments.
A person with a valid Georgia dispenser's license must be responsible for the dispensing of hearing aids under the dealer's license.

Dispenser's License

The board may issue a dispenser's license to an applicant who:
- Satisfactorily completes a board-approved examination
- Verifies proof of age
- Has satisfactory results from a fingerprint record check report conducted by the Georgia Crime Information Center and the Federal Bureau of Investigation
An application for a dispenser's license by examination constitutes express consent and authorization for the board to perform a criminal background check.

License Fees

The dealer's license fee is determined by the board and must be paid for each office or location established by the dealer.
The dispenser's license fee is also determined by the board.

Examinations and Qualifications

An applicant may obtain a license by successfully passing a board-approved examination if they are at least 18 years old and of good moral character.
Every apprentice dispenser who has held the permit over 30 days must stand for the written examination at every scheduled examination until all sections have been passed.

Nonresident Licenses and Reciprocity

Nonresident dealers' licenses may be issued to individuals domiciled outside of Georgia who comply with all provisions of this chapter for a dealer's license and pay the required fees.
Nonresident dispenser's licenses may be issued to applicants who hold a current unsuspended, unrevoked license to practice the dispensing of hearing aids in another state or jurisdiction with equivalent or higher requirements.

Apprentice Dispenser's Permit and Training Permits

An apprentice dispenser's permit is issued by the division director on behalf of the board when an application has been made, a statement of supervision has been provided, and proof of age has been made.
Training permits are issued by the division director on behalf of the board when an application has been made and a statement of supervision has been provided.

Notice to Division Director and Holders of Licenses and Permits

A person holding a dealer's license must notify the division director in writing of the regular addresses of places of business operated by the dealer for dispensing hearing aids.
The dealer must also notify the division director in writing of the names and license or permit numbers of all dispensers, apprentice dispensers, and trainees employed or otherwise practicing at each of their places of business.

Furnishing Bill of Sale or Receipt

Any person who dispenses hearing aid devices or instruments must deliver a written receipt or bill of sale to each person supplied with a hearing aid device or instrument.
The receipt or bill of sale must contain the dealer's name, license number, address, and schedule of office hours, as well as the dispenser's name, signature, and license number.

Biennial Renewal of Licenses and Posting Licenses

Licenses issued under this chapter are renewable biennially.
Each dealer's license and dispenser's license must be conspicuously posted at each location and place of practice at all times as required by regulations established by the board.### Continuing Education Requirement
As a prerequisite for renewing a dispenser's license on or before December 31, 2015, individuals must provide proof of completing 14 hours of continuing education in a program approved by the board.
As a prerequisite for renewing a dispenser's license on or after January 1, 2016, individuals must provide proof of completing 20 hours of continuing education in a program approved by the board.
The board has the authority to promulgate rules and regulations to implement the continuing education requirement.

Denial, Nonrenewal, Suspension, or Revocation of Licenses or Permits

The board can deny, refuse to renew, suspend, revoke, or sanction a license or permit for a fixed period or permanently for various causes, including:
- Conviction of a felony or misdemeanor involving moral turpitude
- Procuring a license or permit by fraud or deceit
- Selling, bartering, or offering to sell or barter a license or permit
- Unethical conduct, including:
  - Fraud or misrepresentation in dispensing hearing aids
  - Knowingly employing an unlicensed person
  - Misleading or deceptive advertising
  - Representing a hearing aid device or instrument as custom-made when it is not
  - Giving or receiving money or anything of value to influence the purchase of a product
  - Committing any other professionally immoral act
- Practicing while suffering from a contagious or infectious disease
- Dispensing hearing aids under a false name or alias
- Violating any provision of this chapter or the rules and regulations promulgated by the board
- Gross incompetence or negligence in dispensing hearing aids

Procedure as to Contested Cases and Judicial Review

Contested cases under this chapter shall be administered in accordance with the Georgia Administrative Procedure Act
Any person whose license or permit has been revoked, suspended, or otherwise sanctioned by a final order of the board may appeal to the superior court to review the decision
The findings of fact rendered by the board will be accepted by the court if supported by any evidence

Injunctions

The board has the power to bring an action to enjoin any person, firm, or corporation who, without being licensed or issued a permit, dispenses hearing aids in this state
The action shall be filed in the county where the person resides or practices or where the firm or corporation maintains an office or practices
If it is found that the person, firm, or corporation is guilty of dispensing hearing aids without a license or permit, they shall be enjoined from doing so without a valid license or permit throughout the state

Exceptions to Operation of Chapter

This chapter shall not apply to:
- Physicians licensed to practice medicine in this state
- Persons licensed as audiologists under Chapter 44 of this title
- Persons working as employees of federal, state, county, or municipal agencies or duly chartered educational institutions or training centers, provided they do not engage in the sale, rental, or lease of hearing aids
- Persons licensed under any other law of this state, provided they do not engage in the sale, rental, or lease of hearing aids
Corporations, partnerships, trusts, associations, or other like organizations can engage in the business of selling or offering for sale hearing aid devices or instruments at retail, provided they hold a dealer's license issued under this chapter and employ only properly licensed persons

Penalty

Any person who dispenses or sells hearing aid devices or instruments without a license or who otherwise violates this chapter shall be guilty of a misdemeanor, considered a crime involving moral turpitude.